Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-1-18.6 - Financial Assurance18.6.1 Prior to issuance of the license, the applicant shall: 18.6.1.1 Establish separate financial assurance arrangements, as provided by 3.9.5, to ensure decontamination and decommissioning of the facility; and18.6.1.2 Provide a fund adequate to cover the payment of the cost for long-term care and monitoring as provided by 3.9.5.15. (1) Such fund shall be sufficient to meet the requirements of 3.9.5.15(4).(2) The Department will consider proposals to combine the two types of financial assurance.(3) Financial assurance shall be provided prior to commencement of construction or operation.18.6.2 Financial surety arrangements must be established by each mill operator before the commencement of operations to assure that sufficient funds will be available to carry out the decontamination and decommissioning of the mill and site and for the reclamation of any tailings or waste disposal areas. The amount of funds to be ensured by such surety arrangements must be based on Department-approved cost estimates in a Department-approved plan, or a proposed revision to the plan submitted to the Department for approval, if the proposed revision contains a higher cost estimate for:18.6.2.1 Decontamination and decommissioning of mill buildings and the milling site to levels which allow unrestricted use of these areas upon decommissioning, and18.6.2.2 The reclamation of tailings and/or waste areas in accordance with technical criteria delineated in Criterion 1 through 8 of Appendix A.18.6.3 To avoid unnecessary duplication and expense, the Department may accept financial sureties that have been consolidated with financial or surety arrangements established to meet requirements of other Federal or state agencies and/or local governing bodies for decommissioning, decontamination, reclamation, and long-term site surveillance and control, provided such arrangements are considered adequate to satisfy these requirements and that the portion of the surety which covers the decommissioning and reclamation of the mill, mill tailings site and associated areas, and the long-term funding charge is clearly identified and committed for use in accomplishing these activities.Colorado Register, Vol 37, No. 14. July 25, 2014, effective 8/14/201438 CR 02, January 25, 2015, effective 2/14/201538 CR 05, March 10, 2015, effective 3/30/201538 CR 12, June 25, 2015, effective 7/15/201538 CR 14, July 25, 2015, effective 8/14/201539 CR 02, January 25, 2016, effective 2/14/201639 CR 16, August 25, 2016, effective 9/14/201639 CR 22, November 25, 2016, effective 12/15/201640 CR 11, June 10, 2017, effective 6/30/201740 CR 20, October 25, 2017, effective 11/14/201742 CR 24, December 25, 2019, effective 1/14/202043 CR 14, July 25, 2020, effective 8/14/202043 CR 18, September 25, 2020, effective 10/15/202044 CR 11, June 10, 2021, effective 7/15/202144 CR 14, July 25, 2021, effective 8/14/202145 CR 22, November 25, 2022, effective 12/15/2022